The punishment of the accused shall be determined by four months of imprisonment.

provided that this ruling has become final and conclusive.

The punishment of the court below (1.5 million won) is too unhued and unfair.

Judgment

The fact that the defendant is recognized as committing a crime and is against the defendant, and that the defendant has no criminal record of a suspended punishment or heavier punishment, etc. are favorable factors for sentencing.

However, considering the following factors: (a) the Defendant already has three times of driving without a license; (b) three times of driving without a license; and (c) the Defendant’s driving distance is not less than 10km; and (d) the Defendant’s blood alcohol concentration by 0.083% and other sentencing materials indicated in the pleadings, such as the background of the instant crime; (b) circumstances after the instant crime; (c) the Defendant’s age, character and conduct, and environment, the Defendant’s punishment is deemed unreasonable, and thus, the Prosecutor’s assertion is reasonable.

Therefore, since the prosecutor's appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act concerning the facts constituting an offense and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;